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Indybay Feature

Norse Hearing Postponed from Friday June 16th to early August TBA

by Robert Norse
A hearing prior to the jury trial of Robert Norse (aka Robert Norris Kahn) to investigate complaints against arresting officer Steve Clark will be postponed from Friday June 16 to early August time TBA.
This update is for those following my criminal case.

Mayor Mike Rotkin and District Attorney Bob Lee have charged me with “disrupting a city council meeting” and “obstructing an officer” back in June of 2005. The case can be examined at the Municipal/Superior Court clerk's office under the name "Robert Norris Kahn" (my family name).

The case has been repeatedly postponed, most recently because of apparent SCPD, D.A., or judicial lack of compliance with a “Pitchess Hearing” requirement.

The “Pitchess Hearing” is a judicial examination behind closed doors of all formal complaints against a police officer for the last five years on a particular issue (in Clark’s case “excessive force” and “lying by statement or omission”). Judge Burdick is being asked to look again at Clark’s file since some new complaints have “appeared” that apparently weren’t there or were overlooked before.

Originally scheduled for Friday morning June 16th (not June 11th as mistakenly reported), the hearing has been postponed until August because D.A. Archie Webber, the go-getter in charge of the case, will be out of town.

The guy who filed the complaints about Clark or knows about then is a former D.A. investigator, is currently in Europe, who won't be back til mid-summer.

Apparently SCPD Police chief Skerry himself has sustained at least one complaint against Clark for misuse of information. A second complaint against him for lying is also at issue (though apparently not sustained). Whether sustained or not, we're entitled to have access to the names and phone numbers of who filed the complaints, so we can use them as witnesses to impeach Clark.

I shall let folks know through indymedia the exact time and date of that August hearing and of my trial date, now scheduled for September 11th (!). Because of this postponement, the trial itself may also be postponed.

I am also suing former Mayors Krohn, Fitzmaurice, and Kennedy in federal court for a continuing pattern of harassment at City Council. This federal case has been postponed as well (since the criminal case affects it).

David Beauvais will discuss the issue tonight on Free Radio Santa Cruz (7 PM Thursday June 15th at http://www.freakradio.org and/or 101.1 FM).

The show will be archived at http://www.huffsantacruz.org .

More history of the case: http://indybay.org/newsitems/2006/04/18/18160331.php
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by Todd
"I am also suing former Mayors Krohn, Fitzmaurice, and Kennedy in federal court for a continuing pattern of harassment at City Council. This federal case has been postponed as well (since the criminal case affects it)."


What is the point of this? I never saw any continuing pattern of harrassment by these people at City Council against you in particular or anyone else. Could it be that you that you are trying to discredit the most progressive City Council members? I do not see what good this suit would bring to our community.

Have you explored alternative dispute resolution or Nonviolent Communication techniques? I don't know how you can ethically go into court with a case against people who have been doing good work in our community if you haven't even bothered to try these routes.

I am also left to wonder where/how you are getting the money for attorneys when you don't work. Even those of us who are on limited incomes can't afford an attorney. I am curious about who is footing these bills. Could you make some recommendations for the rest of us who are curious about how to get legal representation without large downpayments of money up front?
by Robert Norse
I am also suing former Mayors Krohn, Fitzmaurice, and Kennedy in federal court for a continuing pattern of harassment at City Council. This federal case has been postponed as well (since the criminal case affects it)."

Todd, you haven't been looking. Four false arrests and the threat of many more constitute a pattern.

If you think this City Council has any "most Progressive members", check out their knee-jerk support for the police department, their failure to engage in a public transparent process around political surveillance of peaceful groups, their dismantling of the Citizens Police Review Board, their institutionalized human rights violations that ban homeless sleep at night after 11 PM in the midst of an emergency shelter crisis, their mindless support of a reactionary and corrupt city staff that includes City Manager for Life Dick Wilson, and City Attorney John Barisone, their failure to take proactive stands supporting war resisters and examining war investments in the city portfolio, their recent "no sitting in your car for more than 15 minutes in the parking garages" absurdity, their anti-homeless Downtown Ordinances...hmm, I go on too long.

I know Krohn and have had him on my radio show. None of these folks--as individuals--are bad people. There's something, however, about City Council positions that rots the progressivism out of you (take a lot at Mike Rotkin as prime example).

Numerous prior approaches were used, urging changes in City Council policy around public comment, arbitrary arrest, etc. before the matter went to court.

Those who have power seem to understand only greater power.
Check out Frederick Douglass on this issue.

The attorneys volunteered their time (though they will get paid if they win). It's the City that's paying for John Barisone's time. Barisone--who hasn't been meaningfully reviewed since he was appointed over a decade ago. You'll see the rubberstamp again this Monday when City Council goes through it's pro forma process.

You might contact City Council members to ask if they'd like to engage in "conflict resolution" by considering some meaningful change in repressive rules and policies that allow Councilmembers to define a brief "boo" from the audience as a "disruption".

You might also read some of the background of this case by going to http://www.santacruz.indymedia.org archives and googling for "Norse" and "City Council".

If you still think these Councilmembers are liberal on local civil liberties issues, please educate me.
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